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Abstract: 

At its core, due process appears to be a reference to the fairness of “how” something was done by government—that is, all the necessary procedural steps were taken as lawfully required, or “procedural due process”—as opposed to “what” was done. Fourteenth Amendment due process, however, does have a substantive (or “what”) component that can be important. In People Ex. Rel. Johnson v. Superintendent, Adirondack, 36 N.Y. 3d 187 (2020), the substantive due process issue involves sex offenders who became eligible for parole but remained incarcerated for substantial excess time because of the dearth of residences further than 1,000 feet from a school as required by law. So, paroled but not free; paroled but remain in involuntary confinement, is plaintiffs’ losing due process argument.

Keywords: People Ex. Rel. Johnson v. Superintendent, Adirondack

Affiliations:  1: Executive Editor.